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By webbscatering · Posted
Good Evening, I received this pack yesterday its an application notice to change claimants. Will they be chasing me for this as they were successful with the first claim? many thanks Webb 1.Application Notice N244rd.pdf 2.Asset Transfer Deed r.pdf 3.Notice of Assignment Part A Letter 1 & 2rd.pdf 5.Claim Form rd.pdf 6.Draft Order rd.pdf -
Hi, If they haven't followed the court's directions there will be little tolerance of the court. Anyway please can you upload a copy of the court paperwork -
Yes, you should have applied for an immediate strike out as soon as the deadline expired. Without the agreement, they are stuffed Forget Barclaycard, Asset link is now the creditor, and it is down to them to provide the agreement. That needs to go into the witness statement. They have not provided the agreement contrary to directions of the court and request the court strike out the claim as to the original court directions. -
I did not receive a notice via post but in my claim status it shows my claim was transferred to a court I requested in my DQ, as it is closer to me. Defense I filed: 1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. The defendant paid the lead tenant a fixed sum monthly bill without fail for the extent of the rental period of the accommodation their contract was associated with who was responsible to make payments to the claimant, ending in June 2023. 3. After moving out, a month later, the claimant wrote to state that an outstanding sum existed. Further stating, as one of the 10 tenants at the time, I now owed them the full sum instead of my 1/10 proportion of said debt, as 10 students were at the dwelling. They also intimated that they were legally allowed to charge me the full sum if the other renters were not to pay their share under some equal and joint severity rule. 4. Despite sending numerous requests prior to the court claim being raised for copies of said bills for said utilities covered by the agreement, the claimant failed to send any clear bills. This included a CPR 31.14 on xx/xx/xxxx sent via post. 5. The defendants stress that they acted in good faith to settle the outstanding balance, as evidenced by the confirmation received from the claimant. Any subsequent demands for additional payments are unwarranted and contradict the claimant's previous acknowledgment of settlement. 6. Pursuant to OFGEM code of back billing rules the alleged charges relate to charges which have not been billed correctly by Co-operative Energy and are therefore prevented from charging. With the court’s permission the Claimant is put to strict proof to: - a) show and disclose how the Defendant has entered into an agreement. b) show and disclose how the Claimant has reached the amount claimed. c) show how the Claimant has the legal right, either under statute or equity to issue a claim. 7.As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed. 8.It is therefore denied that the defendant is indebted to the claimant as alleged or at all. -
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Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available
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We have finally managed to obtain the transcript of this case.
The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.
Frankly I don't think that is any accident.
One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.
Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.
We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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